Senator Jacob L. Anderegg proposes the following substitute bill:


1     
BILLBOARD AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to billboards in municipalities and counties.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to a municipality or a county's acquisition of a billboard
13     and associated rights through eminent domain;
14          ▸     permits a municipality or county to require a billboard owner to remove a billboard
15     under certain conditions; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          10-9a-511, as last amended by Laws of Utah 2015, Chapter 205
24          10-9a-512, as renumbered and amended by Laws of Utah 2005, Chapter 254
25          10-9a-513, as last amended by Laws of Utah 2009, Chapters 170 and 233
26          17-27a-510, as last amended by Laws of Utah 2009, Chapter 170
27          17-27a-511, as renumbered and amended by Laws of Utah 2005, Chapter 254
28          17-27a-512, as last amended by Laws of Utah 2014, Chapter 189
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 10-9a-511 is amended to read:
32          10-9a-511. Nonconforming uses and noncomplying structures.
33          (1) (a) Except as provided in this section, a nonconforming use or noncomplying
34     structure may be continued by the present or a future property owner.
35          (b) A nonconforming use may be extended through the same building, provided no
36     structural alteration of the building is proposed or made for the purpose of the extension.
37          (c) For purposes of this Subsection (1), the addition of a solar energy device to a
38     building is not a structural alteration.
39          (2) The legislative body may provide for:
40          (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
41     substitution of nonconforming uses upon the terms and conditions set forth in the land use
42     ordinance;
43          (b) the termination of all nonconforming uses, except billboards, by providing a
44     formula establishing a reasonable time period during which the owner can recover or amortize
45     the amount of his investment in the nonconforming use, if any; and
46          (c) the termination of a nonconforming use due to its abandonment.
47          (3) (a) A municipality may not prohibit the reconstruction or restoration of a
48     noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
49     destroyed in whole or in part due to fire or other calamity unless the structure or use has been
50     abandoned.
51          (b) A municipality may prohibit the reconstruction or restoration of a noncomplying
52     structure or terminate the nonconforming use of a structure if:
53          (i) the structure is allowed to deteriorate to a condition that the structure is rendered
54     uninhabitable and is not repaired or restored within six months after the day on which written
55     notice is served to the property owner that the structure is uninhabitable and that the
56     noncomplying structure or nonconforming use will be lost if the structure is not repaired or
57     restored within six months; or
58          (ii) the property owner has voluntarily demolished a majority of the noncomplying
59     structure or the building that houses the nonconforming use.
60          (c) (i) Notwithstanding a prohibition in [its] the municipality's zoning ordinance, a
61     municipality may permit a billboard owner to relocate the billboard within the municipality's
62     boundaries to a location that is mutually acceptable to the municipality and the billboard
63     owner.
64          (ii) If the municipality and billboard owner cannot agree to a mutually acceptable
65     location within [90] 180 days after the day on which the owner submits a written request to
66     relocate the billboard, [the provisions of Subsection 10-9a-513(2)(a)(iv) apply] the billboard
67     owner may relocate the billboard in accordance with Subsection 10-9a-513(2).
68          (4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of
69     legal existence for nonconforming uses, the property owner shall have the burden of
70     establishing the legal existence of a noncomplying structure or nonconforming use.
71          (b) Any party claiming that a nonconforming use has been abandoned shall have the
72     burden of establishing the abandonment.
73          (c) Abandonment may be presumed to have occurred if:
74          (i) a majority of the primary structure associated with the nonconforming use has been
75     voluntarily demolished without prior written agreement with the municipality regarding an
76     extension of the nonconforming use;
77          (ii) the use has been discontinued for a minimum of one year; or
78          (iii) the primary structure associated with the nonconforming use remains vacant for a
79     period of one year.
80          (d) The property owner may rebut the presumption of abandonment under Subsection
81     (4)(c), and [shall have] has the burden of establishing that any claimed abandonment under
82     Subsection (4)(b) has not [in fact] occurred.
83          (5) A municipality may terminate the nonconforming status of a school district or
84     charter school use or structure when the property associated with the school district or charter
85     school use or structure ceases to be used for school district or charter school purposes for a
86     period established by ordinance.
87          Section 2. Section 10-9a-512 is amended to read:
88          10-9a-512. Termination of a billboard and associated rights.
89          (1) A municipality may only require termination of a billboard and associated
90     [property] rights through:
91          (a) gift;
92          (b) purchase;
93          (c) agreement;
94          (d) exchange; or
95          (e) eminent domain.
96          (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
97     of the billboard owner.
98          (3) A termination under Subsection (1)(e) requires the municipality to:
99          (a) acquire the billboard and associated rights through eminent domain, in accordance
100     with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections
101     10-9a-513(2)(f) and (h); and
102          (b) after acquiring the rights under Subsection (3)(a), terminate the billboard and
103     associated rights.
104          Section 3. Section 10-9a-513 is amended to read:
105          10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
106     without providing compensation -- Limit on allowing nonconforming billboards to be
107     rebuilt or replaced -- Validity of municipal permit after issuance of state permit.
108          (1) As used in this section:
109          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
110     a vehicle traveling on a street or highway within the visibility area.
111          (b) "Highest allowable height" means:
112          (i) if the height allowed by the municipality, by ordinance or consent, is higher than the
113     height under Subsection (1)(b)(ii), the height allowed by the municipality; or
114          (ii) (A) for a noninterstate billboard:
115          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
116     previous use or structure; or
117          (II) if the height of the previous use or structure is less than 45 feet, the height of the
118     previous use or structure or the height to make the entire advertising content of the billboard
119     clearly visible, whichever is higher, but no higher than 45 feet; and
120          (B) for an interstate billboard:
121          (I) if the height of the previous use or structure is at or above the interstate height, the
122     height of the previous use or structure; or
123          (II) if the height of the previous use or structure is less than the interstate height, the
124     height of the previous use or structure or the height to make the entire advertising content of
125     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
126          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
127     highway that is an interstate.
128          (d) "Interstate height" means a height that is the higher of:
129          (i) 65 feet above the ground; and
130          (ii) 25 feet above the grade of the interstate.
131          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
132     street or highway that is not an interstate.
133          (f) "Visibility area" means the area on a street or highway that is:
134          (i) defined at one end by a line extending from the base of the billboard across all lanes
135     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
136          (ii) defined on the other end by a line extending across all lanes of traffic of the street
137     or highway in a plane that is:
138          (A) perpendicular to the street or highway; and
139          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
140          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
141          [(2) (a) A municipality is considered to have initiated the acquisition of a billboard
142     structure by eminent domain if the municipality prevents a billboard owner from:]
143          (2) (a) If a billboard owner makes a written request to the municipality with
144     jurisdiction over the billboard to take an action described in Subsection (2)(b), the billboard
145     owner may take the requested action, without further municipal land use approval, 180 days
146     after the day on which the billboard owner makes the written request, unless within the 180-day
147     period the municipality:
148          (i) in an attempt to acquire the billboard and associated rights through eminent domain
149     under Section 10-9a-512 for the purpose of terminating the billboard and associated rights:
150          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
151     Eminent Domain, before the filing of an eminent domain action; and
152          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
153     Eminent Domain;
154          (ii) denies the request in accordance with Subsection (2)(d); or
155          (iii) requires the billboard owner to remove the billboard in accordance with
156     Subsection (3).
157          (b) Subject to Subsection (2)(a), a billboard owner may:
158          (i) [rebuilding, maintaining, repairing, or restoring] rebuild, maintain, repair, or restore
159     a billboard structure that is damaged by casualty, an act of God, or vandalism;
160          (ii) [except as provided in Subsection (2)(c), relocating or rebuilding] relocate or
161     rebuild a billboard structure, or [taking other measures] take another measure, to correct a
162     mistake in the placement or erection of a billboard for which the municipality [has] issued a
163     permit, if the proposed relocation, rebuilding, or other measure is consistent with the intent of
164     that permit;
165          (iii) structurally [modifying or upgrading] modify or upgrade a billboard;
166          (iv) [relocating] relocate a billboard into any commercial, industrial, or manufacturing
167     zone within the municipality's boundaries, if[: (A)] the relocated billboard is:
168          [(I)] (A) within 5,280 feet of [its] the billboard's previous location; and
169          [(II)] (B) no closer than[: (Aa)] 300 feet from an off-premise sign existing on the same
170     side of the street or highway[;], or [(Bb)] if the street or highway is an interstate or limited
171     access highway that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the
172     distance allowed under that act between the relocated billboard and an off-premise sign
173     existing on the same side of the interstate or limited access highway; [and] or
174          [(B) (I) the billboard owner has submitted a written request under Subsection
175     10-9a-511(3)(c); and]
176          [(II) the municipality and billboard owner are unable to agree, within the time provided
177     in Subsection 10-9a-511(3)(c), to a mutually acceptable location; or]
178          (v) [making] make one or more of the following modifications, as the billboard owner
179     determines, to a billboard that is structurally [modified or upgraded under Subsection (2)(a)(iii)
180     or relocated under Subsection (2)(a)(iv)] altered by modification or upgrade under Subsection
181     (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
182     alterations:
183          (A) [erecting] erect the billboard:
184          (I) to the highest allowable height; and
185          (II) as the owner determines, to an angle that makes the entire advertising content of
186     the billboard clearly visible; [and] or
187          (B) [installing] install a sign face on the billboard that is at least the same size as, but
188     no larger than, the sign face on the billboard before [its] the billboard's relocation.
189          [(b)] (c) A modification under Subsection (2)[(a)](b)(v) shall comply with Title 72,
190     Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
191          [(c)] (d) A [municipality's denial of] municipality may deny a billboard owner's request
192     to relocate or rebuild a billboard structure, or to take other measures, in order to correct a
193     mistake in the placement or erection of a billboard [does not constitute the initiation of
194     acquisition by eminent domain under Subsection (2)(a)] without acquiring the billboard and
195     associated rights through eminent domain under Section 10-9a-512, if the mistake in placement
196     or erection of the billboard is determined by clear and convincing evidence, in a proceeding
197     that protects the billboard owner's due process rights, to have resulted from an intentionally
198     false or misleading statement:
199          (i) by the billboard applicant in the application; and
200          (ii) regarding the placement or erection of the billboard.
201          [(d) If a municipality is considered to have initiated the acquisition of a billboard
202     structure by eminent domain under Subsection (2)(a) or any other provision of applicable law,
203     the municipality]
204          (e) A municipality that acquires a billboard and associated rights through eminent
205     domain under Section 10-9a-512 shall pay just compensation to the billboard owner in an
206     amount that is:
207          (i) the value of the existing billboard at a fair market capitalization rate, based on
208     actual annual revenue, less any annual rent expense;
209          (ii) the value of any other right associated with the billboard [structure that is
210     acquired];
211          (iii) the cost of the sign structure; and
212          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
213     billboard owner's interest is a part.
214          (f) If a municipality commences an eminent domain action under Subsection (2)(a)(i):
215          (i) the provisions of Section 78B-6-510 do not apply; and
216          (ii) the municipality may not take possession of the billboard or the billboard's
217     associated rights until:
218          (A) completion of all appeals of a judgment allowing the municipality to acquire the
219     billboard and associated rights; and
220          (B) the billboard owner receives payment of just compensation, described in
221     Subsection (2)(e).
222          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
223     billboard owner may proceed, without further municipal land use approval, to take an action
224     requested under Subsection (2)(a), if the municipality's eminent domain action commenced
225     under Subsection (2)(a)(i) is dismissed without an order allowing the municipality to acquire
226     the billboard and associated rights.
227          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
228     time before the municipality takes possession of the billboard or the billboard's associated
229     rights in accordance with Subsection (2)(f)(ii).
230          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
231     the court shall dismiss the municipality's eminent domain action to acquire the billboard or
232     associated rights.
233          (3) Notwithstanding [Subsection (2) and] Section 10-9a-512, a municipality may
234     [remove a billboard without providing compensation if] require the owner of a billboard to
235     remove the billboard without acquiring the billboard and associated rights through eminent
236     domain if:
237          (a) the municipality determines:
238          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
239     false or misleading statement in the applicant's application regarding the placement or erection
240     of the billboard; or
241          (ii) by substantial evidence that the billboard:
242          (A) is structurally unsafe;
243          (B) is in an unreasonable state of repair; or
244          (C) has been abandoned for at least 12 months;
245          (b) the municipality notifies the billboard owner in writing that the billboard owner's
246     billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);
247          (c) the billboard owner fails to remedy the condition or conditions within:
248          (i) [except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
249     receipt of] 180 days after the day on which the billboard owner receives written notice under
250     Subsection (3)(b); or
251          (ii) if the condition forming the basis of the municipality's intention to remove the
252     billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary
253     because of a natural disaster, [following the] after the day on which the billboard [owner's
254     receipt of] owner receives written notice under Subsection (3)(b); and
255          (d) following the expiration of the applicable period under Subsection (3)(c) and after
256     providing the billboard owner with reasonable notice of proceedings and an opportunity for a
257     hearing, the municipality finds:
258          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
259     a false or misleading statement in the application regarding the placement or erection of the
260     billboard; or
261          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
262     unreasonable state of repair, or has been abandoned for at least 12 months.
263          (4) A municipality may not allow a nonconforming billboard to be rebuilt or replaced
264     by anyone other than [its] the billboard's owner, or the billboard's owner acting through [its
265     contractors.] a contractor, within 500 feet of the nonconforming location.
266          (5) A permit [issued, extended, or renewed by a municipality] that a municipality
267     issues, extends, or renews for a billboard remains valid [from the time] beginning on the day on
268     which the municipality issues, extends, or renews the permit [until] and ending 180 days after
269     the day on which a required state permit is issued for the billboard if:
270          (a) the billboard requires a state permit; and
271          (b) an application for the state permit is filed within 30 days after the day on which the
272     municipality issues, extends, or renews a permit for the billboard.
273          Section 4. Section 17-27a-510 is amended to read:
274          17-27a-510. Nonconforming uses and noncomplying structures.
275          (1) (a) Except as provided in this section, a nonconforming use or a noncomplying
276     structure may be continued by the present or a future property owner.
277          (b) A nonconforming use may be extended through the same building, provided no
278     structural alteration of the building is proposed or made for the purpose of the extension.
279          (c) For purposes of this Subsection (1), the addition of a solar energy device to a
280     building is not a structural alteration.
281          (2) The legislative body may provide for:
282          (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
283     substitution of nonconforming uses upon the terms and conditions set forth in the land use
284     ordinance;
285          (b) the termination of all nonconforming uses, except billboards, by providing a
286     formula establishing a reasonable time period during which the owner can recover or amortize
287     the amount of his investment in the nonconforming use, if any; and
288          (c) the termination of a nonconforming use due to its abandonment.
289          (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
290     structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
291     whole or in part due to fire or other calamity unless the structure or use has been abandoned.
292          (b) A county may prohibit the reconstruction or restoration of a noncomplying structure
293     or terminate the nonconforming use of a structure if:
294          (i) the structure is allowed to deteriorate to a condition that the structure is rendered
295     uninhabitable and is not repaired or restored within six months after the day on which written
296     notice is served to the property owner that the structure is uninhabitable and that the
297     noncomplying structure or nonconforming use will be lost if the structure is not repaired or
298     restored within six months; or
299          (ii) the property owner has voluntarily demolished a majority of the noncomplying
300     structure or the building that houses the nonconforming use.
301          (c) (i) Notwithstanding a prohibition in [its] the county's zoning ordinance, a county
302     may permit a billboard owner to relocate the billboard within the county's unincorporated area
303     to a location that is mutually acceptable to the county and the billboard owner.
304          (ii) If the county and billboard owner cannot agree to a mutually acceptable location
305     within [90] 180 days after the day on which the owner submits a written request to relocate the
306     billboard, [the provisions of Subsection 17-27a-512(2)(a)(iv) apply] the billboard owner may
307     relocate the billboard in accordance with Subsection 17-27a-512(2).
308          (4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
309     existence for nonconforming uses, the property owner shall have the burden of establishing the
310     legal existence of a noncomplying structure or nonconforming use.
311          (b) Any party claiming that a nonconforming use has been abandoned shall have the
312     burden of establishing the abandonment.
313          (c) Abandonment may be presumed to have occurred if:
314          (i) a majority of the primary structure associated with the nonconforming use has been
315     voluntarily demolished without prior written agreement with the county regarding an extension
316     of the nonconforming use;
317          (ii) the use has been discontinued for a minimum of one year; or
318          (iii) the primary structure associated with the nonconforming use remains vacant for a
319     period of one year.
320          (d) The property owner may rebut the presumption of abandonment under Subsection
321     (4)(c), and [shall have] has the burden of establishing that any claimed abandonment under
322     Subsection (4)(c) has not [in fact] occurred.
323          (5) A county may terminate the nonconforming status of a school district or charter
324     school use or structure when the property associated with the school district or charter school
325     use or structure ceases to be used for school district or charter school purposes for a period
326     established by ordinance.
327          Section 5. Section 17-27a-511 is amended to read:
328          17-27a-511. Termination of a billboard and associated rights.
329          (1) A county may only require termination of a billboard and associated [property]
330     rights through:
331          (a) gift;
332          (b) purchase;
333          (c) agreement;
334          (d) exchange; or
335          (e) eminent domain.
336          (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
337     of the billboard owner.
338          (3) A termination under Subsection (1)(e) requires the county to:
339          (a) acquire the billboard and associated rights through eminent domain, in accordance
340     with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections
341     17-27a-512(2)(f) and (h); and
342          (b) after acquiring the rights under Subsection (3)(a), terminate the billboard and
343     associated rights.
344          Section 6. Section 17-27a-512 is amended to read:
345          17-27a-512. County's acquisition of billboard by eminent domain -- Removal
346     without providing compensation -- Limit on allowing nonconforming billboard to be
347     rebuilt or replaced -- Validity of county permit after issuance of state permit.
348          (1) As used in this section:
349          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
350     a vehicle traveling on a street or highway within the visibility area.
351          (b) "Highest allowable height" means:
352          (i) if the height allowed by the county, by ordinance or consent, is higher than the
353     height under Subsection (1)(b)(ii), the height allowed by the county; or
354          (ii) (A) for a noninterstate billboard:
355          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
356     previous use or structure; or
357          (II) if the height of the previous use or structure is less than 45 feet, the height of the
358     previous use or structure or the height to make the entire advertising content of the billboard
359     clearly visible, whichever is higher, but no higher than 45 feet; and
360          (B) for an interstate billboard:
361          (I) if the height of the previous use or structure is at or above the interstate height, the
362     height of the previous use or structure; or
363          (II) if the height of the previous use or structure is less than the interstate height, the
364     height of the previous use or structure or the height to make the entire advertising content of
365     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
366          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
367     highway that is an interstate.
368          (d) "Interstate height" means a height that is the higher of:
369          (i) 65 feet above the ground; and
370          (ii) 25 feet above the grade of the interstate.
371          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
372     street or highway that is not an interstate.
373          (f) "Visibility area" means the area on a street or highway that is:
374          (i) defined at one end by a line extending from the base of the billboard across all lanes
375     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
376          (ii) defined on the other end by a line extending across all lanes of traffic of the street
377     or highway in a plane that is:
378          (A) perpendicular to the street or highway; and
379          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
380          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
381          [(2) (a) A county is considered to have initiated the acquisition of a billboard structure
382     by eminent domain if the county prevents a billboard owner from:]
383          (2) (a) If a billboard owner makes a written request to the county with jurisdiction over
384     the billboard to take an action described in Subsection (2)(b), the billboard owner may take the
385     requested action, without further county land use approval, 180 days after the day on which the
386     billboard owner makes the written request, unless within the 180-day period the county:
387          (i) in an attempt to acquire the billboard and associated rights through eminent domain
388     under Section 17-27a-511 for the purpose of terminating the billboard and associated rights:
389          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
390     Eminent Domain, before the filing of an eminent domain action; and
391          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
392     Eminent Domain;
393          (ii) denies the request in accordance with Subsection (2)(d); or
394          (iii) requires the billboard owner to remove the billboard in accordance with
395     Subsection (3).
396          (b) Subject to Subsection (2)(a), a billboard owner may:
397          (i) [rebuilding, maintaining, repairing, or restoring] rebuild, maintain, repair, or restore
398     a billboard structure that is damaged by casualty, an act of God, or vandalism;
399          (ii) [except as provided in Subsection (2)(c), relocating or rebuilding] relocate or
400     rebuild a billboard structure, or [taking other measures] take another measure, to correct a
401     mistake in the placement or erection of a billboard for which the county [has] issued a permit,
402     if the proposed relocation, rebuilding, or other measure is consistent with the intent of that
403     permit;
404          (iii) structurally [modifying or upgrading] modify or upgrade a billboard;
405          (iv) [relocating] relocate a billboard into any commercial, industrial, or manufacturing
406     zone within the unincorporated area of the county, if[: (A)] the relocated billboard is:
407          [(I)] (A) within 5,280 feet of [its] the billboard's previous location; and
408          [(II)] (B) no closer than[: (Aa)] 300 feet from an off-premise sign existing on the same
409     side of the street or highway[;], or [(Bb)] if the street or highway is an interstate or limited
410     access highway that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the
411     distance allowed under that act between the relocated billboard and an off-premise sign
412     existing on the same side of the interstate or limited access highway; [and] or
413          [(B) (I) the billboard owner has submitted a written request under Subsection
414     17-27a-510(3)(c); and]
415          [(II) the county and billboard owner are unable to agree, within the time provided in
416     Subsection 17-27a-510(3)(c), to a mutually acceptable location; or]
417          (v) [making] make one or more of the following modifications, as the billboard owner
418     determines, to a billboard that is structurally [modified or upgraded under Subsection (2)(a)(iii)
419     or relocated under Subsection (2)(a)(iv)] altered by modification or upgrade under Subsection
420     (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
421     alterations:
422          (A) [erecting] erect the billboard:
423          (I) to the highest allowable height; and
424          (II) as the owner determines, to an angle that makes the entire advertising content of
425     the billboard clearly visible; [and] or
426          (B) [installing] install a sign face on the billboard that is at least the same size as, but
427     no larger than, the sign face on the billboard before [its] the billboard's relocation.
428          [(b)] (c) A modification under Subsection (2)[(a)](b)(v) shall comply with Title 72,
429     Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
430          [(c)] (d) A [county's denial of] county may deny a billboard owner's request to relocate
431     or rebuild a billboard structure, or to take other measures, in order to correct a mistake in the
432     placement or erection of a billboard [does not constitute the initiation of acquisition by eminent
433     domain under Subsection (2)(a)] without acquiring the billboard and associated rights through
434     eminent domain under Section 17-27a-511, if the mistake in placement or erection of the
435     billboard is determined by clear and convincing evidence, in a proceeding that protects the
436     billboard owner's due process rights, to have resulted from an intentionally false or misleading
437     statement:
438          (i) by the billboard applicant in the application; and
439          (ii) regarding the placement or erection of the billboard.
440          [(d) If a county is considered to have initiated the acquisition of a billboard structure by
441     eminent domain under Subsection (1)(a) or any other provision of applicable law, the county]
442          (e) A county that acquires a billboard and associated rights through eminent domain
443     under Section 17-27a-511 shall pay just compensation to the billboard owner in an amount that
444     is:
445          (i) the value of the existing billboard at a fair market capitalization rate, based on
446     actual annual revenue, less any annual rent expense;
447          (ii) the value of any other right associated with the billboard [structure that is
448     acquired];
449          (iii) the cost of the sign structure; and
450          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
451     billboard owner's interest is a part.
452          (f) If a county commences an eminent domain action under Subsection (2)(a)(i):
453          (i) the provisions of Section 78B-6-510 do not apply; and
454          (ii) the county may not take possession of the billboard or the billboard's associated
455     rights until:
456          (A) completion of all appeals of a judgment allowing the county to acquire the
457     billboard and associated rights; and
458          (B) the billboard owner receives payment of just compensation, described in
459     Subsection (2)(e).
460          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
461     billboard owner may proceed, without further county land use approval, to take an action
462     requested under Subsection (2)(a), if the county's eminent domain action commenced under
463     Subsection (2)(a)(i) is dismissed without an order allowing the county to acquire the billboard
464     and associated rights.
465          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
466     time before the county takes possession of the billboard or the billboard's associated rights in
467     accordance with Subsection (2)(f)(ii).
468          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
469     the court shall dismiss the county's eminent domain action to acquire the billboard or
470     associated rights.
471          (3) Notwithstanding [Subsection (2) and] Section 17-27a-511, a county may [remove a
472     billboard without providing compensation if] require an owner of a billboard to remove the
473     billboard without acquiring a billboard and associated rights through eminent domain if:
474          (a) the county determines:
475          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
476     false or misleading statement in the applicant's application regarding the placement or erection
477     of the billboard; or
478          (ii) by substantial evidence that the billboard:
479          (A) is structurally unsafe;
480          (B) is in an unreasonable state of repair; or
481          (C) has been abandoned for at least 12 months;
482          (b) the county notifies the billboard owner in writing that the billboard owner's
483     billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);
484          (c) the billboard owner fails to remedy the condition or conditions within:
485          (i) [except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
486     receipt of] 180 days after the day on which the billboard owner receives written notice under
487     Subsection (3)(b); or
488          (ii) if the condition forming the basis of the county's intention to remove the billboard
489     is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a
490     natural disaster, [following the] after the day on which the billboard [owner's receipt of] owner
491     receives written notice under Subsection (3)(b); and
492          (d) following the expiration of the applicable period under Subsection (3)(c) and after
493     providing the billboard owner with reasonable notice of proceedings and an opportunity for a
494     hearing, the county finds:
495          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
496     a false or misleading statement in the application regarding the placement or erection of the
497     billboard; or
498          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
499     unreasonable state of repair, or has been abandoned for at least 12 months.
500          (4) A county may not allow a nonconforming billboard to be rebuilt or replaced by
501     anyone other than [its] the billboard's owner, or the billboard's owner acting through [its
502     contractors.] a contractor, within 500 feet of the nonconforming location.
503          (5) A permit [issued, extended, or renewed by a county] that a county issues, extends,
504     or renews for a billboard remains valid [from the time] beginning on the day on which the
505     county issues, extends, or renews the permit [until] and ending 180 days after the day on which
506     a required state permit is issued for the billboard if:
507          (a) the billboard requires a state permit; and
508          (b) an application for the state permit is filed within 30 days after the day on which the
509     county issues, extends, or renews a permit for the billboard.